Reconstruction of Islamic Family Law in the Era of Gender Equality

Abstract

Islamic Family Law is the most dynamically developing area of law, as it is directly related to social structures, universal values and time. In the modern context, the issue of gender equality is a new challenge for the Islamic legal system, especially with regard to marriage, custody, polygamy, divorce, and inheritance. The purpose of this article is to analyze the relevance of the realignment of Islamic Family Law to remain in accordance with the principles of justice and the common good as the objectives of Shari'ah (maqasid al-Shariah). This research uses qualitative descriptive method with normative and socio-historical approach based on analysis of classical and modern literature. The results showed that many provisions of classical jurisprudence were created in the context of medieval patriarchal societies in which men were the legitimate holders of power. However, in the modern era, this paradigm needs to be restructured to better reflect the principles of al-adl (justice) and al-musawa (equality of human dignity). With the help of the Maqasid al-Sharia approach, Islamic Family Law can be adjusted in such a way as to ensure substantive justice and a balance of rights between men and women. The reform of family law in Indonesia, for example through the drafting of the Islamic legal code (KHI) and The Marriage Law, is an important step towards equality, although more progressive changes in interpretation are needed. The reconstruction of gender-sensitive Islamic Family Law is not a form of Westernization, but rather an attempt to restore the essence of Islam as a religion that supports charity, justice and the good of humanity.